To amend title 49, United States Code, to eliminate the requirement for preemployment alcohol testing in the mass transit, railroad, motor carrier, and aviation industries, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 13, 1995

Mr. MINETA introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To amend title 49, United States Code, to eliminate the requirement for preemployment alcohol testing in the mass transit, railroad, motor carrier, and aviation industries, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Omnibus Transportation Employee Testing Act Amendments of 1995’.

SEC. 2. MASS TRANSIT TESTING.

Section 5331(b)(1)(A) of title 49, United States Code, is amended to read as follows:

‘(b) TESTING PROGRAM FOR MASS TRANSPORTATION EMPLOYEES- (1)(A) In the interest of mass transportation safety, the Secretary of Transportation shall prescribe regulations that establish a program requiring mass transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this title or section 103(e)(4) of title 23 to conduct preemployment, reasonable suspicion, random and post-accident testing of mass transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such operations to conduct preemployment testing of such employees for the use of alcohol.’.

SEC. 3. RAILROAD TESTING.

Section 20140(b)(1)(A) of title 49, United States Code, is amended to read as follows:

‘(A) a railroad carrier to conduct preemployment, reasonable suspicion, random and post-accident testing of all railroad employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such railroad carriers to conduct preemployment testing of such employees for the use of alcohol; and’.

SEC. 4. MOTOR CARRIER TESTING.

Section 31306(b)(1)(A) of title 49, United States Code, is amended to read as follows:

‘(b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR VEHICLES- (1)(A) In the interest of commercial motor vehicle safety, the Secretary of Transportation shall prescribe regulations that establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random and post-accident testing of operators of commercial motor vehicles for the use of controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random and post-accident testing of such operators for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such motor carriers to conduct preemployment testing of such employees for the use of alcohol.’.

SEC. 5. AVIATION TESTING.

(a) Section 45102(a)(1) of title 49, United States Code, is amended to read as follows:

‘(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR CARRIERS- (1) In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations that establish a program requiring air carriers and foreign air carriers to conduct preemployment, reasonable suspicion, random and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of a controlled substance in violation of law or a United States Government regulation; and to conduct reasonable suspicion, random and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit air carriers and foreign air carriers to conduct preemployment testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the Administrator) for the use of alcohol.’.

(b) Section 45102(b)(1) of title 49, United States Code, is amended to read as follows:

‘(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRATION- (1) The Administrator shall establish a program of preemployment, reasonable suspicion, random and post-accident testing for the use of a controlled substance in violation of law or a United States Government regulation for employees of the Administration whose duties include responsibility for safety-sensitive functions; and shall establish a program of reasonable suspicion, random and post-accident testing for the use of alcohol in violation of law or a United States Government regulation for such employees. The Administrator may establish a program of preemployment testing for the use of alcohol for such employees.’.

SEC. 6. EFFECTIVE DATE.

The amendments made by this Act are effective on the date of enactment of the Act.